Introduction
Chapter 1. Theoretical part
1.1. Fundamental tasks and functions of the legal department of JSC "PO" Electropribor ", its structure
1.2. Basics of the activity of a legal adviser of JSC "PO" Electropribor "
Chapter 2 practical part
Chapter 3 Internship Calendar
Conclusion
List of sources used
INTRODUCTION
The legal profession is one of the oldest in the history of civilization. Its role increased with the development of legislation, the increase in the regulatory significance of law in the life of society. The legal profession belongs to an important social role... The solution of a number of fundamental state tasks related to the protection of the rights and freedoms of citizens, ensuring the inviolability of property, establishing the rule of law, further improving legislation and growing the legal culture of citizens depends on lawyers.
A lawyer must not only know the normative legal acts, but also be able to correctly apply them to a specific situation. That is why practice takes an important place in the training of a master's student - a lawyer.
In the learning process, the undergraduate undergoes several types of practice, one of which is research practice. Research practice is aimed at improving the skills and abilities of independent research activities, gaining experience in scientific and analytical activities, as well as mastering the skills of presenting the results obtained in the form of reports, publications, reports, the formation of appropriate skills in the field of preparing scientific and educational materials, identification by a master's student of his research abilities, as well as instilling skills of self-education and self-improvement.
In the period from January 23 to February 05, 2017, I underwent a research practice in the legal department of JSC "PO" Elektropribor "at the address: Penza, Pobedy Avenue, 69, under the guidance of the head of the legal department, full name.
Together with the head of the practice, a goal was set and the tasks of passing the research practice were defined.
The purpose passing research practice is the consolidation of theoretical knowledge gained during training, the development of professional and practical skills and abilities, the acquisition of practical skills for independent research work, the formation and development of a professional research culture, general cultural and professional competencies, the formation of independent work skills, checking the readiness of the ability to skillfully apply regulatory legal acts in specific areas of legal activity, as well as gaining experience in conducting research work for writing scientific articles, speaking at scientific and practical conferences, writing a master's thesis.
The achievement of this goal made it necessary to formulate and solve the following tasks:
- Familiarization with the structure of the organization.
- Acquaintance with the forms and methods of organizing scientific and bibliographic search (including electronic catalogs and the Internet).
- Collection and analysis of scientific literature on the topic of the master's thesis.
- Collection and analysis of statistical and analytical data for dissertation research.
- Collection and analysis of legal practice for the preparation of scientific articles, speeches at scientific and practical conferences, seminars, writing a master's thesis.
Chapter 1. THEORETICAL PART
1.1 Fundamental tasks and functions of the legal department of JSC "PO" Elektropribor ", its structure
Established in 1961, the Joint Stock Company Penza Production Association Elektropribor is one of the leading enterprises in Russia for the manufacture and supply of telecommunication and communication facilities for special purposes, which provide reliable cryptographic protection of confidential speech, documentary, graphic information and are used on stationary and mobile ( on a wheeled and tracked base, on helicopters, airplanes, spacecraft, on surface and underwater sea-based objects) control points for various purposes.
The main sources of legal regulation of the organization's activities are: the Constitution of the Russian Federation, the Civil Code of the Russian Federation and the Federal Law “On Joint Stock Companies” dated December 26, 1995 No. 208-FZ.
JSC PO Elektropribor carries out its activities on the basis of the charter approved by the founder and registered with the Inspectorate of the Federal Tax Service.
The legal department is the legal guarantor of the organization. The entire production potential of the organization and the country as a whole depends on the correct decision-making by the department. This division is directly involved in the life of the entire plant.
The legal department is a structural unit and reports directly to the general director of the enterprise. Employees of the department are appointed and dismissed on the basis of an order for the enterprise.
The Legal Department is guided by the Constitution in its activities Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, international treaties of the Russian Federation, regulatory legal acts of federal executive bodies, laws and regulations of a constituent entity of the Russian Federation, constituent documents and local acts of the enterprise, instructions of the higher management, as well as this regulation.
The legal department carries out the following main tasks:
1.Legal support of the enterprise and protection
her legitimate interests.
2. Maintenance of contractual and claim - claim activities of the enterprise.
3.Performance of legal expertise of local acts
4.Consulting officials and employees of the enterprise
on legal issues.
The structure and staff of the department as advised by the head of the department
approved by the general director of the enterprise.
The department is headed by a chief, whose position
a person who has a higher professional (legal)
education and work experience in the specialty for at least 5 years.
The department includes legal advisers.
The head of the department has the right to involve non-staff specialists or organizations on a contractual basis in the solution of one-time tasks, in agreement with the general director of the enterprise.
The main functions of the department are as follows:
- Implementation of legal expertise of letters, civil contracts and agreements concluded by the company with counterparties.
- Defending the interests of the enterprise in the established
the legislation, the work of claims and claims of the enterprise, the preparation of claims, responses, complaints and their transfer to the judicial authorities.
- Work on the execution of judicial acts in the interests of the enterprise.
- Participation in negotiations on social and labor issues
between the enterprise and government bodies authorities, bodies
local government, employees of the enterprise.
- Participation in negotiations on social and labor disputes.
- Participation in negotiations for discussion and conclusion
collective agreement between the employer and employees of the enterprise.
- Preparation of projects and legal expertise of local regulations of the enterprise.
- Monitoring the current legislation of the Russian Federation in terms of the activities of the enterprise, preparation of reference materials on the current legislation.
- Consulting management, officials and employees of the enterprise on legal issues.
- Independently or jointly with other structural divisions of the enterprise, preparation of proposals to amend or cancel (invalidate) orders and other acts of the enterprise.
- Implementation of methodological guidance for the activities of other structural units on legal issues.
- Conducting, within its competence, office work, forming and sending / receiving correspondence and other information via electronic communication channels.
- Implementation of the organization of maintenance of normative - reference information related to the functions of the department.
- Ensuring, within the limits of its competence, the protection of information constituting a state secret and other information of limited distribution.
- Carrying out, in accordance with the legislation of the Russian Federation, work on the acquisition, storage, accounting and use of archival documents generated in the course of the department's activities.
- Participation in the consideration of materials on the state of accounts receivable in order to identify debts requiring enforced collection, preparation of opinions on proposals to write off bad debts.
- Implementation of accounting and storage of legislative and regulatory necessary for the legal support of the enterprise - legal documents, timely introduction of the adopted changes into them, provision of access to them for users on the basis of the use of modern information technologies, computer facilities and communications.
- Preparation of an opinion on proposals for attracting
employees of the enterprise to disciplinary and material responsibility.
- Preparation of materials on theft, waste, shortages, production of substandard, non-standard and incomplete products, etc. to take legal measures, to compensate the damage caused to the enterprise and to punish those responsible.
The assignment of functions other than legal work to the Legal Department is not permitted.
1.2. Basics of the activity of a legal adviser of JSC "PO" Electropribor "
The legal adviser reports directly to the superior
legal department.
A legal adviser is appointed to the position by order of the enterprise on the proposal of the head of the legal department.
The legal adviser carries out his work on the basis of the Regulations on the department, this job description and the current legislation of the Russian Federation.
The main task of a legal adviser is to implement legal activity at the enterprise.
A person who has a higher professional (legal) education without presenting requirements for work experience or secondary vocational (legal) education and work experience in positions replaced by specialists with secondary vocational education for at least 5 years is appointed to the position of a legal adviser.
Legal counsel should know:
- the current legislation of the Russian Federation;
local regulations governing the activities of the enterprise;
- the order of systematization, accounting and maintenance of legal documentation;
- the procedure for the conclusion and execution of business contracts, collective agreements;
- computer facilities, communications and communications;
- improve their knowledge in the field of quality, learn new
documents on the quality management system (QMS) and the system
environmental management (EMS);
rules and norms of labor protection, safety, industrial sanitation and fire safety.
The legal adviser is obliged to:
- Participate in the protection of the legitimate interests of the enterprise on legal
issues in courts, law enforcement agencies and other bodies
government controlled.
- Take part in the work on the conclusion of economic
agreements (contracts), carrying out their legal expertise.
- Prepare and send materials (claims, pre-arbitration
reminders, statements of claim) for debt collection.
- Register, take into account the materials of court and arbitration cases, both pending and completed.
- Carry out work on systematic accounting and storage
current legislative normative acts, make notes about
their cancellation, changes and additions.
- Strictly observe official, commercial secrets.
- To improve the professional level through self-education, participation in seminars and training courses.
- Know the requirements normative documents by QMS, SEM.
A legal adviser has the right to:
- Providing him with work, due to the employment contract.
– Workplace meeting the conditions provided for state standards enterprise and labor safety and collective agreement.
- Full reliable information on working conditions and labor protection requirements at the workplace.
- Professional training, retraining and professional development.
- Compensation for harm caused to the employee in connection with the performance of his labor duties.
- Making proposals for improving the QMS both in the department and in the enterprise.
- Contacting the certification bureau for the provision of methodological and advisory assistance.
- An order with justification of the need, an additional number of copies of normative documents on quality, to provide them with jobs or department officials.
The Legal Counsel is responsible for:
- Improper performance or non-performance of their duties
duties stipulated by this instruction - within the limits determined by the current labor legislation RF. - Violation of labor discipline provided for by the Rules
internal work schedule enterprises and the Labor Code
Russian Federation. - Failure to comply with the rules and regulations of labor protection, safety, industrial sanitation and fire safety.
- Failure to comply with the policy and objectives of the enterprise in the field of quality, information about the certification of QMS, the results of audits and others topical issues quality to the team of the department.
- Failure to create conditions in the department ensuring the availability of the QMS and EMS documentation for each department employee in order to familiarize themselves with them.
- Omissions in their work, in accordance with the current
the legislation of the Russian Federation.
Chapter 2. PRACTICAL PART
Research practice took place from 23.01.2017 to 06.02.2017 (2 weeks). Per this period the following work was done:
01/23/2017- familiarization with the structure and functions of the organization, the Charter of JSC “PO“ Elektropribor ”that regulate the activities of the enterprise, familiarization with the staffing table of the organization and the content of the work of the legal department.
01.24.2017 year- Drafted a response to a complaint about the action of the auction commission, executed an additional agreement to the contract.
The person participating in the case sends a response to the appeal with the attachment of documents confirming the objections to the appeal to other persons participating in the case and to the arbitration court.
The response sent to the arbitration court shall also be accompanied by a document confirming the direction of the response to other persons participating in the case.
The response is sent by registered mail with acknowledgment of receipt within a time frame that provides an opportunity to familiarize with it before the start of the court session.
The response is signed by the person participating in the case, or his representative. A power of attorney or other document confirming the authority to sign the response is attached to the revocation signed by the representative.
The response can be submitted to the arbitration court by filling out the form posted on the official website of the arbitration court considering the case, in the information and telecommunication network “Internet”. The documents attached to the revocation may be submitted to the arbitration court at in electronic format.
An additional agreement may provide for a change in certain contractual conditions, their exclusion from the contract, supplementing it with new provisions, as well as termination. An additional agreement can be concluded to one or several contracts at once, as well as to implement it into another contract, including one that is not substantively related to it (clause 3 of article 421 of the Civil Code of the Russian Federation), which will allow within the framework of one document settle the entire block of issues that are the subject of a common agreement between the parties.
The supplementary agreement concluded by the parties in the relevant part corrects the original contract, which from the date of the conclusion of the agreement is already in effect taking into account the changes and additions made. However, when applying the conditions introduced by the supplementary agreement, it should be borne in mind that they come into force from the moment of its conclusion and the previously established relations of the parties apply only if the agreement itself expressly provides for it. In particular, the penalty established by the agreement for violation of the term for making the rent is valid from the date of its conclusion and is not applied for violations committed by the tenant earlier, unless the agreement specifies otherwise in accordance with paragraph 2 of Art. 425 of the Civil Code of the Russian Federation.
The supplementary agreement adjusts only those terms of the agreement that are expressly indicated in it. All other contractual clauses not affected by the supplementary agreement remain in force even without a special reservation to this effect.
01/25/2017–Completed and sent an application for the return of the state duty to the Inspectorate of the Federal Tax Service for the Oktyabrsky District of Penza. She attended the hearing at the Arbitration Court of the Penza Region.
The grounds and procedure for the return or offset of the state duty are established in accordance with the legislation of the Russian Federation on taxes and fees.
An application for the return of the overpaid (collected) amount of the state duty is submitted by the payer of the state duty to the body (official) authorized to perform legally significant actions for which the state duty has been paid (collected). The application for the return of the overpaid (collected) amount of the state duty shall be accompanied by original payment documents if the state duty is subject to return in full, and if it is partially refundable, copies of the specified payment documents. The decision to return the overpaid (collected) amount of the state duty to the payer shall be made by the body (official) performing the actions for which the state duty has been paid (collected). The refund of the overpaid (collected) amount of the state duty is carried out by the body of the Federal Treasury. An application for the return of the excessively paid (collected) amount of the state duty in cases considered in courts, as well as by justices of the peace, is submitted by the payer of the state duty to the tax authority at the location of the court in which the case was considered.
The consideration of the case is carried out in a court session of the arbitration court with the obligatory notification of the persons participating in the case about the time and place of the session.
The judge, and in the collegial examination of the case, the presiding judge:
1) opens the court session and announces which case is subject to consideration;
2) checks the attendance at the court session of the persons participating in the case, their representatives and other participants in the arbitration process, establishes their identity and verifies their powers; establishes whether the persons who did not appear at the hearing were duly notified and what information is available about the reasons for their failure to appear;
3) clarifies the issue of the possibility of hearing the case;
4) announces the composition of the arbitration court, informs who keeps the minutes of the court session, who participates as an expert, translator, and explains to the persons participating in the case their right to challenge;
5) explain to the persons participating in the case and other participants in the arbitration process their procedural rights and obligations;
6) remove witnesses who have appeared from the courtroom before the start of their interrogation;
7) warns the translator about criminal liability for knowingly incorrect translation, an expert for giving a knowingly false conclusion, witnesses (immediately before their interrogation) for giving knowingly false testimony and refusal to testify;
8) determines, taking into account the opinions of the persons participating in the case, the sequence of the procedural actions;
9) finds out whether the plaintiff supports the claim, whether the defendant recognizes the claim, whether the parties do not want to end the case with an amicable agreement or apply the mediation procedure, about which the corresponding entries are made in the minutes of the court session;
10) directs the court session, provides conditions for a comprehensive and complete examination of the evidence and circumstances of the case, ensures the consideration of applications and petitions of the persons participating in the case;
11) takes measures to ensure proper order in the court session.
01/26/2017- Drafted a statement of claim for debt collection, and also filed an application to the Penza ROSP of the UFSPP of Russia in the Penza region on the progress of enforcement proceedings. I searched for scientific literature for writing a master's thesis in the "ConsultantPlus" search engine.
The statement of claim is submitted to the arbitration court in writing. The statement of claim is signed by the plaintiff or his representative. A statement of claim can also be filed with the arbitration court by filling out a form posted on the official website of the arbitration court in the Internet.
A statement of claim, filed by filling out a form posted on the official website of the arbitration court in the information and telecommunications network “Internet”, containing a request for securing a claim, is signed by a strengthened qualified electronic signature in the manner prescribed by the legislation of the Russian Federation.
The statement of claim must indicate:
1) the name of the arbitration court to which the statement of claim is submitted;
2) the name of the plaintiff, his location; if the plaintiff is a citizen, his place of residence, the date and place of his birth, his place of work or the date and place of his state registration as individual entrepreneur, phone numbers, fax numbers, addresses Email the plaintiff;
3) the name of the defendant, his location or place of residence;
5) the circumstances on which the claims are based and the evidence confirming these circumstances;
6) the value of the claim, if the claim is subject to assessment;
7) calculation of the collected or disputed amount of money;
8) information on compliance by the plaintiff with a claim or other pre-trial procedure;
9) information on the measures taken by the arbitration court to ensure property interests prior to filing a claim;
10) a list of attached documents.
The application must also indicate other information, if it is necessary for the correct and timely consideration of the case, it may contain petitions, including petitions to demand evidence from the defendant or other persons.
The plaintiff is obliged to send to other persons participating in the case copies of the statement of claim and the documents attached to it, which they do not have, by registered mail with acknowledgment of receipt.
The parties to the enforcement proceedings have the right to get acquainted with the materials of the enforcement proceedings, make extracts from them, make copies of them, submit additional materials, file petitions, participate in the execution of enforcement actions, give oral and written explanations in the process of performing enforcement actions, give their arguments on all issues arising in the course of enforcement proceedings, to object to the motions and arguments of other persons participating in the enforcement proceedings, to declare objections, to appeal against the decisions of the bailiff, his actions (inaction), and also have other rights, provided by law Of the Russian Federation on enforcement proceedings. Until the end of the enforcement proceedings, the parties to the enforcement proceedings have the right to conclude an amicable agreement, an agreement on conciliation, approved in court.
Applications, petitions, explanations, recusals and complaints may be submitted by a party to the enforcement proceedings to an official of the bailiff service in the form of an electronic document signed by the party to the enforcement proceedings with an electronic signature in the manner prescribed by the federal executive body in charge of legal regulation in the field of justice, in agreement with the federal executive body in charge of the development and implementation public policy and legal regulation in the field of information technology
01/27/2017- Drew up statements on the initiation of enforcement proceedings, as well as the issuance of a writ of execution and the return of original documents to the Penza ROSP of the UFSPP of Russia in the Penza region. I searched for scientific literature for writing a master's thesis in the "ConsultantPlus" search engine.
The bailiff-executor initiates enforcement proceedings on the basis of the executive document at the request of the claimant, unless otherwise provided by this Federal Law.
The application is signed by the claimant or his representative. The representative shall attach to the application a power of attorney or other document certifying his authority. The application may contain a petition for the seizure of the debtor's property in order to ensure the fulfillment of the claims on property penalties contained in the executive document, as well as for the establishment of the restrictions for the debtor provided for by this Federal Law. The recoverer may indicate in the application for the initiation of enforcement proceedings the information he knows about the debtor, as well as attach to the application documents containing information about the debtor, his property status and other information that may be important for the timely and full execution of the requirements of the enforcement document.
An application for the initiation of enforcement proceedings on the basis of executive documents, completed by the bailiff-executor on the basis of an act on the absence of property from the debtor, on which a claim can be levied (if all the measures taken by the bailiff-executor permissible by law to find the property of the debtor turned out to be ineffectual ), can be filed no earlier than six months after the end of the enforcement proceedings or earlier than the specified period if there is information about a change in the property status of the debtor. An application for the initiation of enforcement proceedings on the basis of other enforcement documents, completed by the bailiff-executor on the basis of an act on the absence of property from the debtor, on which a claim can be levied (in the event that all measures taken by the bailiff-executor permissible by law to find the property of the debtor turned out to be ineffectual), can be filed no earlier than two months after the day of the end of the enforcement proceedings or before the expiration of the specified period, if there is information about a change in the property status of the debtor.
01/30/2017- Drafted and sent explanations on the case and a petition for release from administrative responsibility.
The explanations of the person in respect of whom the proceedings are underway in the case of an administrative offense, the testimony of the victim and witnesses are information relevant to the case and reported by the said persons orally or in writing.
The explanations of the person in respect of whom the proceedings are underway in the case of an administrative offense, the testimony of the victim and witnesses are reflected in the protocol on the administrative offense, the protocol on the application of measures to ensure the proceedings in the case of an administrative offense, the protocol on the consideration of the case on the administrative offense, and, if necessary, are recorded and are attached to the case.
If the committed administrative offense is insignificant, the judge, body, official authorized to resolve the case of an administrative offense may release the person who committed the administrative offense from administrative responsibility and confine himself to oral remarks.
01/31/2017–Completed an application for writing off the amount of interest, and also searched for scientific literature for writing a master's thesis in the ConsultantPlus search engine.
Uncollectible arrears are recognized as arrears, arrears in fines and fines attributable to individual taxpayers, payers of fees, payers of insurance premiums and tax agents, payment and (or) collection of which turned out to be impossible in the following cases:
1) liquidation of an organization in accordance with the legislation of the Russian Federation or the legislation of a foreign state, exclusion of a legal entity that has ceased its activities from the Unified State Register of Legal Entities by the decision of the registering authority in the event that the bailiff-executor issues an order to terminate enforcement proceedings in connection with the return to the claimant of the executive document on the grounds provided for in paragraph 3 or 4 of part 1 of Article 46 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings" - in terms of arrears, arrears in fines and fines not paid due to insufficient property of the organization and (or) the impossibility of their repayment by the founders (participants) of the specified organization within the limits and in the manner established by the legislation of the Russian Federation;
2) the declaration of bankruptcy of an individual entrepreneur in accordance with Federal Law of October 26, 2002 N 127-FZ "On insolvency (bankruptcy)" - in terms of arrears, arrears in fines and fines not paid due to insufficient property of the debtor;
2.1) declaring a citizen bankrupt in accordance with Federal Law of October 26, 2002 N 127-FZ "On insolvency (bankruptcy)" - in terms of arrears, arrears of fines and fines that have not been repaid following the completion of settlements with creditors in accordance with the specified Federal law.
02/01/2017- Drafted responses to claims, and was also engaged in writing statements of claim to the Arbitration Court of the Penza Region.
Response to a claim - a written appeal to the person who sent the claim, containing an assessment of the claim.
If the counterparty does not want to terminate the legal relationship, he can send a response to the claim with a proposal to amend the contract, conduct an examination, and make an attempt to explain the reasons for the violation. If such a response is received, it can be assumed that the counterparty wishes to agree and intends to keep the contract. In this case, the likelihood of a pre-trial settlement of the conflict is seriously increased.
02.02.2017 year- Was engaged in the preparation of a response to the statement of claim to the Arbitration Court of the Penza region, as well as writing a pre-arbitration reminder to the counterparty. I searched for scientific literature for writing a master's thesis in the ConsultantPlus search engine.
The defendant is obliged to send or submit to the arbitration court and the persons participating in the case, a response to the statement of claim, indicating the objections to the claims against him for each argument contained in the statement of claim.
Such a response can be submitted to the arbitration court by filling out the form posted on the official website of the arbitration court considering the case, in the information and telecommunication network “Internet”. The documents attached to the revocation can be submitted to the arbitration court in electronic form.
In the cases and in accordance with the procedure established by this Code, other participants in the arbitration process have the right to send a written response to the statement of claim to the arbitration court and other persons participating in the case.
The response to the statement of claim shall be sent to the arbitration court and to the persons participating in the case by registered mail with acknowledgment of receipt within a time period that provides an opportunity to familiarize with the response before the start of the court session. The direction of the response and the time period during which the persons participating in the case must submit the response may be indicated in the ruling on the acceptance of the statement of claim for the arbitration court proceedings.
If, within the time period established by the court, the defendant does not submit a response to the statement of claim, the arbitration court has the right to consider the case on the basis of the evidence in the case, or, if it is impossible to consider the case without revocation, it has the right to establish new term for his presentation. In this case, the arbitration court may attribute court costs to the defendant, regardless of the results of the consideration of the case in accordance with Part 2 of Article 111 of the Arbitration Procedure Code of the Russian Federation.
The response to the statement of claim shall indicate:
1) the name of the plaintiff, his location or, if the plaintiff is a citizen, his place of residence;
2) the name of the defendant, his location or, if the defendant is a citizen, his place of residence, date and place of birth, place of work or date and place of state registration as an individual entrepreneur;
3) objections to each argument concerning the essence of the stated requirements, with reference to laws and other regulatory legal acts, as well as to evidence substantiating the objections;
4) a list of documents attached to the revocation.
The response must contain telephone numbers, fax numbers, e-mail addresses and other information necessary for the correct and timely consideration of the case.
The response to the statement of claim shall be accompanied by documents that confirm the arguments and (or) objections to the claim, as well as documents that confirm the sending of copies of the response and the documents attached to it to the plaintiff and other persons participating in the case.
The response to the statement of claim is signed by the defendant or his representative. A power of attorney or other document confirming his authority to sign the response is attached to the response signed by the representative.
02/03/2017 - She was engaged in drawing up a claim to a counterparty, and also filed a petition to send a second copy of the court order for execution to the Arbitration Court of the Sverdlovsk Region.
If the debtor does not present objections within the established time limit, the recoverer is issued a second copy of the court order, certified by the official seal of the court, to present it for execution. This copy of the court order, at the request of the claimant, can be sent by the court for execution. The first copy of the court order remains in the case file.
The court order may be sent by the court for execution in the form of an electronic document signed by a judge, reinforced with a qualified electronic signature in the manner prescribed by the legislation of the Russian Federation.
The court order comes into force upon the expiration of the time limit for filing objections to the execution of the court order.
Chapter 3. CALENDAR SCHEDULE OF PRACTICE
Conclusion
Practice is one of the most important things vocational training law student, which is an effective mechanism for transferring acquired knowledge and skills from the field of theory to the field of everyday life. professional activity... Being the central link in the training system, practice helps students to better understand the correctness of their professional choice, check the assimilation of theoretical knowledge gained in the course of study, determine professionally important qualities future specialty.
Research practice makes it possible to train well-educated, professionally competent, extraordinary thinking lawyers who are capable of making a significant contribution to the building of the rule of law and the development of the rule of law in modern Russia.
In the course of my internship, I got acquainted with the activities of the legal department of JSC PO Elektropribor, studied the basic principles of this organization, and also consolidated the knowledge gained in the process of studying at the university, developed the skills of preparing, making and implementing decisions in practical activities.
Together with the head of the internship, an internship plan was drawn up, which was successfully completed.
In the course of the practice, a number of tasks were set, which I, under the guidance of my head of practice, tried to fulfill, namely: improved the knowledge of the legislation of the Russian Federation that I had acquired earlier; gained experience in drafting procedural documents, effective use electronic legal system "Consultant PLUS".
During my internship, I took part in the work on the conclusion and execution of contracts and the production of their legal expertise, prepared and sent statements of claim and claims. Carried out work on the systematization and accounting of the current legislative normative acts. I learned how to register materials of court and arbitration cases, both pending and completed, etc.
In general, the research practice in the legal department of JSC “PO“ Elektropribor ”had a positive impact on my formation as a lawyer, made it possible to apply in practice the skills obtained in the course of theoretical mastering of the material.
List of sources used
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated 30.12.2008 No. 6-FKZ, dated 30.12.2008 No. 7-FKZ, dated 05.02.2014 No. 2 -FKZ, dated 21.07.2014 No. 11-FKZ) // Collected Legislation of the Russian Federation. - 04.08.2014 - No. 31, art. 4398;
2. The Civil Code of the Russian Federation (part two) dated 26.01.1996 No. 14-FZ (as amended on 23.05.2016) // Collected Legislation of the Russian Federation. - 01/29/1996 - No. 5, art. 410;
3. tax code Of the Russian Federation (part one) of July 31, 1998 No. 146-FZ (as revised on December 28, 2016) // “Collected Legislation of the Russian Federation. - 08/03/1998. - No. 31, art. 3824;
4. Federal Law dated 02.10.2007 No. 229-FZ (as amended on 28.12.2016) “On Enforcement Proceedings” // Collected Legislation of the Russian Federation. - 08.10.2007 - No. 41, art. 4849;
5. The Arbitration Procedure Code of the Russian Federation of 07.24.2002 No. 95-FZ (as amended on 12.19.2016) (as amended and supplemented, entered into force on 01.01.2017) // Collected Legislation of the Russian Federation. - 07/29/2002 - No. 30, art. 3012;
6. The Civil Procedure Code of the Russian Federation of November 14, 2002 No. 138-FZ (as amended on December 19, 2016) (as amended and supplemented, entered into force on 01.01.2017) // Collected Legislation of the Russian Federation. - 18.11.2002 - No. 46, art. 4532;
7. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on December 28, 2016) (as amended and supplemented, entered into force on January 29, 2017) // Collected Legislation of the Russian Federation. - 07.01.2002 - No. 1 (part 1), art. one
Report on practice at the legal department of JSC "PO" Electropribor " updated: July 31, 2017 by the author: Scientific Articles.Ru
INTRODUCTION
1.1 Purpose of passing training practice
General acquaintance with the activities of the enterprise;
familiarization with the peculiarities of the company's work;
study of the organization's management structure;
familiarization with the specifics of the work of the legal department;
study of the structure of the Department;
study job duties lawyer;
study of the place and role of the lawyer in the organization;
acquisition of teamwork skills;
receipt practical experience work as a lawyer;
improving the quality of vocational training;
educating a specialist in the spirit of respect for the law;
consolidation of the acquired knowledge in general and special legal disciplines;
checking the ability to use legislation.
1.2 Place of study practice
FLY-MEKS LLC. Address: Moscow, Pr. Mira, 64.
Start date "01" November 2006 End date December 29, 2006
passing industrial practice as an assistant to a lawyer.
Practice duration 162 hours.
1.3 Work performed during practice
Familiarization with the activities of the organization;
Study of the organization's management structure;
Familiarization with the constituent documents of the company;
Studying the direction of activity of the legal service of the enterprise
Studying and drawing up job descriptions;
Acquaintance with the tasks solved by the legal service of the enterprise;
Studying the features of various legal relations, in the regulation of which the legal service of the enterprise takes part:
Tax legal relations;
Civil legal relations;
Labor relations.
Familiarization with the procedure for maintaining a claim and judicial work legal service of the enterprise;
Verification of documents of the management bodies of the enterprise
Checking the registration of labor relations (labor contracts, work books, orders);
Checking the conduct of contractual work:
Checking the conduct of personnel work and compliance with the internal documents of the enterprise;
Verification of the compliance of personnel with their positions in accordance with legal requirements:
Analysis of the protection of the interests of the owners of the enterprise from possible risks;
Drawing up contracts for the provision of works (services), drawing up powers of attorney, claims.
CONCLUSIONS
In the process of passing the industrial practice, I have completed:
familiarization with the legislation of the Russian Federation governing the activities of the company;
familiarization with the constituent document - the charter approved by the founder of the company;
familiarization with the structure of the organization;
familiarization with the organization and the functions and responsibilities of the employees of the enterprise;
familiarization with the content of the economic and organizational work;
familiarization with the peculiarities of the work of a lawyer in the field of trade;
familiarization with the types of civil law contracts, their specifics;
familiarization with the peculiarities of the work of a lawyer;
the acquisition of skills in drafting basic civil law contracts, contracts for the provision of paid services, draw up powers of attorney and other documents;
the acquisition of skills to check documents for their compliance with the requirements of civil legislation, as well as the identification and generalization of shortcomings in their form and content;
improving knowledge in the use of electronic legal systems "Garant" and "Consultant +";
delivery of company documents to organizations and government agencies;
taking direct part in the collection of packages of documents for the conclusion of contracts for the provision of works (services);
participation in negotiations between the parties to agree on the form and content of some civil law contracts.
I mastered some of the subtleties of applying the norms of Russian law in practice, I understood how some laws and bylaws work that I didn’t understand, I realized their significance in practice.
Unfortunately, it is possible that a feature of the Russian legal system is the imperfection of the regulatory framework, and, as a result, violations of the law, deliberately or unknowingly, by some citizens and legal entities.
Practical activity helped me learn to independently solve a certain range of problems that arise in the course of the work of a lawyer. In particular, I learned how to draw up some types of civil law contracts, analyze their content and their form. Attachments 13 present the job descriptions of the Head of the Legal Department and Legal Counsel of Fly-Max LLC.
During my internship, I had to consult with representatives of competent structures, deeply study the regulatory framework and law enforcement practice.
In practice, the bulk of the knowledge gained by me in the classroom will be in demand. It became clear that at the moment, the time for a quick update legislative framework, the importance of electronic information systems, such as, for example, the Garant legal system. Also, great help in solving the tasks was provided by the global Internet, in which you can currently find a lot of useful information in the field of law, as well as, which is a means of business electronic correspondence.
INTRODUCTION 2
1. general characteristics activities of LLC "DD". 4
2. Organizational structure of LLC DD. eight
3. Activities of the legal department. 10
4. The rules for drawing up and the procedure for filing a statement of claim in court. thirteen
5. Examples of provided legal advice and services. 17
CONCLUSION. 21
INTRODUCTION
Internship took place at DD LLC in the period from 2013 to 2013, in the legal department as a lawyer's assistant.
Legal address:
LLC "DD" offers clients a wide range of legal services that help to optimize the work of any organization, making it as productive as possible, and also assists in making the most optimal decisions in the event of a difficult situation for individuals. Main line of business:
legal services, business plan development, appraisal services. The purpose of the practical training is to consolidate theoretical knowledge and further develop skills practical work acquired in the learning process, gaining experience for future independent work, expanding professional horizons, as well as collecting and summarizing the necessary materials for preparing and executing a report on practice.
The main objectives of the practice are:
Acquaintance with the structure of the enterprise (organization), the characteristics of its divisions; Study of the function and procedure for the work of the legal division of the firm; Study specific activities in the legal unit; Independent performance of specific types of work assigned to a legal trainee.
DD is an organization providing a wide range of services in the field of appraisal activities, business planning and legislation of the Russian Federation.
Experts of DD LLC carry out an official independent assessment in all main areas:
appraisal of the market value of real estate appraisal of the market value of damage caused to immovable property appraisal of the market value of damage caused by AMTS in case of an accident appraisal of the market value for a notary when registering an inheritance appraisal of the market value of real estate during transactions appraisal of the market value of a business or a share in a business appraisal of the market value of refurbishment when caused damage to third parties. The company provides the development of the following types of business plans:
short (without market overview, without some sections); complete; business plan for obtaining a loan (with individual requirements bank); financial plan; preliminary calculation of the business plan; professional business plan (international requirements, passing the examination, translation into English). The main types of legal services for legal entities include the following items:
tax consulting - consultations in the field of tax legislation and during a tax audit, appeal against decisions or actions of a tax authority, optimization of tax deductions; arbitration - disputes under contract law, property rights, debt collection disputes, economic and corporate disputes, disputes with controlling and tax authorities, etc.; collection of receivables - collection of debts and judicial settlement of disputes; support of transactions - examination of documentation and assistance in drawing up a transaction agreement, provision of client documents to the justice authorities and control of their passage at all stages; services for registration of organizations and firms - development of an individual package of documentation for the future business, submission of the necessary documents to the tax office, obtaining appropriate certificates, etc.; contract law - preparation of draft contracts, as well as amendments and additions to existing ones, their legal analysis. The company offers individuals legal services to represent the client's interests in court on such issues as:
collection of debts on receipts and loan agreements; recognition of ownership of apartments in new buildings; recognition of ownership by inheritance; restoration of the missed term for inheritance; establishment of legal facts (relationship, acceptance of inheritance, etc.); compensation for harm; disputes with insurance companies; family disputes; housing disputes and much more. Operating procedure
In response to the message about the order made, an offer is made to discuss the details for writing a Commercial offer. This can be done by phone or email. One of the partners acts as a contact person for the company. If the Commercial offer is accepted, then after the conclusion of the contract, he will lead your order.
Document flow:
Minutes of the meeting (if held); Commercial offer; Agreement on the provision of services for a fee Appendix - a brief for the service Invoice for payment - 50% Report - conclusion Act of completed work + invoice for payment of the remaining 50%. Cost of services
The cost of services is determined by the volume of work, the timing of the order, the situation on the market. If any research is required to complete the order, then they are paid additionally.
Terms of payment
There is a 50% prepayment for all orders. Post-payment of 50% - after signing the Certificate of Completion of Works or distributed by stages of work. VIP clients have individual conditions.
2. Organizational structure of LLC "DD"
DD's management preferred to use a linear organizational structure of management. The arguments in favor of this choice were: a small number of company personnel; ease of use of this system; clear one-man management represented by the firm's board; high qualification and competence of the leader. Further, in Figure 1, the management structure of DD LLC is presented.
The company is headed by the CEO. He controls the general course of all the activities of the company. Directly subordinate to him are the directors of departments specializing in a specific direction of consulting, i.e. it is a strategic, investment and stock consulting. Each of these directors has a subordinate staff of employees, consisting of an expert who manages a specific project, and a group of specialists under the auspices of this expert. Currently, there is one expert in each of the consulting departments, but as the company develops, it is planned to increase the number of employees.
The basis of linear structures is the so-called "mine" principle of construction and specialization of the management process according to the functional subsystems of the organization (marketing, production, research and development, finance, personnel, etc.). For each subsystem, a hierarchy of services ("mine") is formed, permeating the entire organization from top to bottom. The performance of each service is assessed by indicators that characterize the fulfillment of their goals and objectives.
Accordingly, the system of motivation and incentives for employees is being built. In this case, the final result (the efficiency and quality of the organization as a whole) becomes, as it were, secondary, since it is believed that all services to one degree or another work to obtain it. Such a system is used in small firms with a homogeneous and uncomplicated technology.
Rice. 1 Organizational structure of LLC "DD"
The advantages of this structure:
1) ease of use, all responsibilities and authorities are clearly assigned;
2) speed of decision making;
3) clear one-man management.
3. Activities of the legal department
The legal department is an independent structural unit of the organization, it is created, reorganized and liquidated by order of the head of the organization, directly subordinate to the head of the organization.
The legal department is headed by the head of the legal department, who is appointed and dismissed from his position by order of the head of the organization on the proposal of the deputy director for personnel (another official).
The head of the legal department directly supervises the activities of the legal department and controls the work of all structural divisions and employees of the legal department.
A person with a higher legal education and work experience in the specialty of at least 5 years is appointed to the position of the head of the legal department.
The duties, rights and responsibilities of each employee of the legal department are established by the job description, which is agreed with the head of the legal department and approved by the head of the organization.
The legal department in its activities is guided by:
- regulatory legal acts, other governing and teaching materials regulating production and economic and financial activities organizations;
- methodological materials related to relevant issues;
- the Charter of the organization;
- orders, orders of the head of the organization (direct manager);
- regulations on the legal department.
Changes in the structure and staff of the legal department are developed by the head of the legal department based on the conditions and characteristics of the organization's activities, agreed with the immediate manager, as well as with the department of labor and wages, the personnel department, the legal department in the relevant areas of activity of these structural divisions and approved by order of the head of the organization ...
The managers of the legal department provide the following types of services to the company's clients:
legal advice and legal support of business, transactions, including transactions with securities, real estate and other assets; protection and representation of the interests of our clients in judicial and government authorities; advice on taxation; legal support in claims from tax authorities; placement ( issue) of securities, redemption of securities through mandatory and voluntary offers; corporate consulting; appraisal of business, assets, real estate, securities, rights; support in bankruptcy proceedings; resolution of conflict corporate situations; collection of debts on receipts and loan agreements; recognition of ownership of apartments in new buildings; recognition of ownership by inheritance; restoration of the missed term for inheritance; establishment of legal facts (relationship, acceptance of inheritance, etc.); compensation for harm; disputes with insurance companies; family disputes; housing disputes and much more. Legal services are currently needed by all legal entities and ordinary citizens. After all, all kinds of legal relationships arise almost hourly. These services are especially relevant to legal entities. In the process of doing business, various types of contracts are concluded: supply, lease, lending, etc.
However, legal entities often cannot afford to maintain an in-house lawyer - wage, taxes, insurance, etc. Businessmen are forced to look for a third-party specialist, and a lawyer who is not always recommended by friends can provide universal legal services - conduct, for example, litigation under a lease agreement and at the same time monitor all changes in existing legislation. This does not suit entrepreneurs - they need qualified legal services specifically on issues that arise during the conduct of their business. Often times, such issues may fall within the purview of various legal codes.
4. Rules for the preparation and procedure for filing a statement of claim in court
The form and content of the statement of claim must comply with Articles 131 and 132 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation). Failure to comply with these conditions entails the refusal to accept the statement of claim by the judge or leaving it motionless.
1. The statement of claim must be submitted to the court in writing.
The number of copies - according to the number of parties indicated in the statement of claim. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and submit it to the court. It is important that after submitting documents to the court, you still have a copy of the statement of claim with a note from the court that it was accepted and when exactly (date). If you are sending a claim to the court by mail, we advise you to send a registered or valuable mail with a receipt acknowledgment (so that you have evidence that you sent and received documents by the court).
2. The statement of claim must indicate:
1) the name of the court to which the application is submitted;
2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by the representative;
3) the name of the respondent, his place of residence or, if the respondent is an organization, its location;
4) the essence of the violation (threat of violation) of the rights, freedoms or legally protected interests of the plaintiff and his claims. The requirements set out in the statement of claim in legal language are called the subject of the claim. It is most important for a statement of claim and for the entire civil case as a whole;
5) the circumstances on which the plaintiff bases his claim, and the evidence confirming the circumstances set out by the plaintiff.
These circumstances constitute the basis of the claim. It should be remembered that the main feature of civil proceedings is that in it each of the parties must prove their case independently. As a plaintiff, you have the primary responsibility of proof as you initiate the process. Therefore, it is imperative to indicate and then attach the maximum amount of evidence to the statement of claim. Evidence is information about the facts obtained in the manner prescribed by law, on the basis of which the court establishes the presence or absence of circumstances justifying the claims and objections of the parties, as well as other circumstances that are important for the correct consideration and resolution of the case.
Part 1 of Art. 55 of the Code of Civil Procedure of the Russian Federation provides for the following types of evidence: explanations of the parties, explanations of third parties, testimony of witnesses, written and material evidence, reproduction of audio and video recordings, expert opinions. Part 2 of Art. 55 of the Code of Civil Procedure of the Russian Federation contains a ban on obtaining evidence in violation of the law (that is, any illegal methods: deception, threats, torture, violence, falsification, forgery of documents, etc.). Evidence obtained in violation of the law does not have legal force and cannot be used as the basis for a court decision. The judge, in order to prepare the case for trial, if necessary, may, on his part, invite the plaintiff to submit additional evidence (clause 1 of article 150 of the Code of Civil Procedure of the Russian Federation). Failure to submit this evidence does not impede the further progress of the case. It must be borne in mind that each party must prove the circumstances to which it refers as the basis for its claims and objections.
It is also recommended to refer to the rule of law (a specific paragraph, clause, part, article of a specific normative act) as a justification for your claims, although such a duty is not established by law;
6) the price of the claim, if the claim is subject to assessment, as well as the calculation of the recovered or disputed sums of money. The plaintiffs do not have problems when the amount of money or property, confirmed by documents characterizing its value, is recovered directly. It is more difficult when the property is not valued, not confirmed by the documents determining the value.
In this case, you can advise focusing on the market value, which exists, all other things being equal, at the moment. You can also use the services of independent appraisers who will determine the value of the property with almost one hundred percent accuracy. When the property is not in possession, it is accordingly impossible to determine its value by visual assessment. Here you can recommend to indicate the approximate cost. It is impossible not to indicate the price of the claim in the event that it is subject to assessment, since the formal sign of filing a claim will not be observed;
7) information on the observance of the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by an agreement of the parties;
8) a list of documents attached to the application.
The application may contain other data of the plaintiff, defendant, representative: phone numbers, fax numbers, e-mail addresses, other information relevant to the consideration and resolution of the case, as well as the plaintiff's petitions.
The documents attached to the statement of claim are defined by Art. 132 Code of Civil Procedure of the Russian Federation. Attached to the statement of claim:
- its copies in accordance with the number of defendants and third parties;
- a document confirming the payment of the state fee;
- power of attorney or other document certifying the powers of the plaintiff's representative;
- documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies;
- the text of the published normative legal act in case of its dispute;
- evidence confirming the fulfillment of the mandatory pre-trial procedure for resolving the dispute, if such a procedure is provided for by federal law or agreement;
- the calculation of the recovered or disputed amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.
The claim consists of three semantic parts: introductory, descriptive, motivating, operative and concluding.
The statement of claim can be submitted to the judge at a personal meeting or sent to the court by mail (by registered mail with acknowledgment of receipt). Within five days from the date of receipt of the statement of claim to the court, the judge is obliged to consider the issue of its acceptance for the proceedings of the court. The judge makes a ruling on the acceptance of an application for court proceedings, on the basis of which a civil case is initiated in the court of first instance (Article 133 of the Code of Civil Procedure of the Russian Federation).
The state duty is calculated as the amount of payments for each property and non-property claim. The calculation of the state duty when filing a statement of claim to the court is made in accordance with Art. 333.19 of the Tax Code of the Russian Federation. In addition, it is important to know that in some cases the state duty is not paid.
5. Examples of provided legal advice and services
EXAMPLE 1 - LLC REGISTRATION
The company "DD" was contacted by Ivanel E.A. and other founders for LLC registration. As part of the initial consultation, a detailed procedure was agreed upon, the timing of the preparation of documents, the date of certification of documents by a notary, the date of submission of documents and the deadline for the fulfillment of the contract. The case was transferred to a lawyer, who fulfilled all the terms of the contract within the time frame agreed with the clients. The required package of documents was submitted to the tax office for registration. Due to a small technical error, a refusal to register the LLC was received.
Considering that the Legal Group "DD" works for the sake of the client's opinion, the head of the company Eliseev A.Yu. made a decision from his own funds to pay anew the state fee, at his own expense to re-submit the documents for registration of the LLC. After some time, the LLC was registered.
Due to the delay in terms of time, the lawyers of the Legal Group "DD", as compensation, drew up the necessary contract for the client to carry out activities in the LLC. The client was satisfied with the result of the work and the bonuses provided by the company. At this stage, the client is considering the option of cooperation in accounting support for the LLC.
EXAMPLE 2 - TERMINATION OF A CRIMINAL CASE
AS Chuprov turned to the DD company, asking for help to terminate the criminal case if there was, in his opinion, sufficient evidence and grounds. The client said that the investigator who is conducting his case for some reason does not want to close the case and constantly hints at the gratitude that our client should bring him. Within the framework of legal advice by a lawyer in criminal cases, it became clear that not everything is so simple and the evidence presented by the client may be deemed insufficient to close the case. A criminal lawyer made a request for the client to appoint an Autotechnical Expertise, which was supposed to answer questions about our client's availability technical capability avoid collision.
In this situation, it was not easy to draw up this petition, since it was not clear what questions should be put to the expert. The experience of a criminal defense attorney and the experience of an Auto attorney helped the company to accurately define both the list of questions and the wording of the questions. at this stage, the cost of a mistake was very high, but professionalism and experience did their job. A month later, the client called and said that the expert had come to the conclusion that there was no technical ability to avoid hitting a pedestrian, who died as a result of an accident.
The client, with the help of a criminal lawyer and an auto lawyer, achieved the termination of the criminal case and entered into an agreement to represent interests in the framework of compensation for non-pecuniary damage (which must be compensated regardless of fault). The client was satisfied with the quality of the services provided, it was not enough high cost providing legal assistance and the result of the case. As soon as possible, the client must write a review about the provision of legal services.
EXAMPLE 3 - COPYRIGHT
The citizen IK Poluboyarinov applied to the DD company. He heard about the high qualifications of our lawyers from friends. The reason for the appeal was the violation of his copyright for scientific work. In accordance with part 1 of Article 48 of the Law of the Russian Federation "On Copyright and Related Rights", illegal performance of works or objects of related rights, or other violation of copyright or related rights provided for by this Law entails civil, administrative, criminal liability in accordance with the legislation of the Russian Federation. N.A. Kostin illegally, without the permission of our client, without reference to the author's scientific works Poluboyarinov I.K. and without payment of royalties, in his dissertation for the competition academic degree candidate of technical sciences, the defense of which took place on November 14, 2010, used the materials of the plaintiff's dissertation for the degree of Doctor of Technical Sciences.
The defense of our client's thesis took place on January 27, 2013, in confirmation of this there are all the necessary documents, procedural, and the conclusions of the department, as well as witnesses who were present at the defense of this thesis. After contacting the legal group "DD" Poluboyarinova IK, our specialists took up the resolution of this delicate issue. The claim procedure, unfortunately, did not give the desired effect, after which the organization's specialists went to court to protect the interests of our client.
In the process of considering the case, at the request of the company's lawyers, a forensic linguistic examination was appointed, which was carried out at the Russian State Institute of Intellectual Property, the results of which were presented at the hearing. Also, during the hearing, testimonies of the members of the dissertation council were given, copies of the transcripts of the sessions of the dissertation council were attached to the case. Through the efforts of our lawyers, this difficult case was won. By the decision of the court, moral damage in the amount of 10 thousand rubles was collected from the defendant, legal costs for lawyers were compensated, and most importantly, the illegal use of our client's intellectual property was stopped.
EXAMPLE 4 - COLLECTION OF DEBT
Citizen V.F. Grigorenko turned to lawyers for debt collection. with the issue of collecting funds under a loan agreement. From the words of V.F. Grigorenko, it became known that he had provided loans to K.B. Penin. a large sum of money.
In confirmation of this fact, a receipt was provided in which it was indicated that Penin K.B. borrowed from V.F. Grigorenko the sum of money in the amount of 150,000 rubles and pledged to return it within a certain period. Subsequently, this obligation was not fulfilled. A debt collection lawyer drew up a claim letter to which no one received a response.
Debt collection lawyers together with the client made a decision to collect funds in court. The debt collection lawyer formulated claims, namely: to recover from K.B. Penin. monetary funds provided under a loan agreement in the amount of 150,000 rubles, interest for the use of other people's funds in the amount of 667 rubles, state fee 4,665 rubles. and the cost of providing the services of a representative 22,600 rubles. The statement of claim was filed with the Krasnogvardeisky District Court. The defendant appeared at the hearing, did not admit the claim.
The defendant tried to prove that he signed this contract while intoxicated and, in fact, did not receive any funds. During the trial, the defendant began to present evidence (witnesses) that confirmed the defendant's version. The debt collection lawyer presented a receipt, a loan agreement, a letter of claim, and also presented evidence that allowed the courts to rule in favor of our client. As a result, the claims were fully satisfied. Grigorenko V.F. I was satisfied with the result achieved.
CONCLUSION
As a result of the practical training, the theoretical knowledge passed at the academy was consolidated and practical skills were acquired in the specialty "Jurisprudence".
Namely, the following were studied:
labor protection requirements in the organization and their implementation by employees and responsible officials; constituent documents of the organization; licenses, permits for the right to engage in certain types of activities received by the organization; organizational structure enterprises (organizations); job descriptions of employees of the legal department (lawyer); local regulations of the organization; orders, orders, other internal documents of the organization, affecting the organizational structure, distribution of job duties, etc. the procedure for the approval of local acts of the enterprise; the procedure for the conclusion and approval of various civil law contracts; During practice:
took part in drafting and legal examination of contracts, was present at the negotiations related to their conclusion and execution; took part in claim work; participated in the preparation of materials for filing a claim, application and consideration of cases in courts. attended the hearing; took part in the preparation and legal examination of various documents of a legal nature; studied and collected normative, informational and practical material for the preparation of the thesis.
INTRODUCTION
CONCLUSION
ANNEXES
Introduction
Passage of industrial practice in the legal department of the organization LLC "Stroy-department-service".
The legal address of the organization: 392000 Tambov, st. Ippodromnaya, 25a.
The purpose of the practice is to analyze the work of the legal department of a construction organization.
- Study of the constituent documents of LLC "Stroy-department-service".
- Study of the organization of work of the legal department of LLC "Stroy-department-service".
- Participation in the work of the legal department as an assistant to the legal adviser.
- Drafting work contracts with legal and individuals.
- Study of the judicial practice of LLC "Stroy-department-service" in civil cases.
1. Organizational characteristics of LLC "Stroy-department-service"
LLC "Stroy-department-service" is legal entity, has separate property, acquired in the conditions of work on lease, has rights and obligations, can make any transactions that do not contradict the Charter and legislation.
The legal address of the enterprise: 392000 Tambov, Ippodromnaya st., 25a.
The main activities of LLC "Stroy-department-service" are:
Production of prefabricated reinforced concrete and concrete structures and products, assembly blanks, assemblies and parts, ready-mixed concrete and mortar, block-complete devices and others construction products and materials;
Sale of building materials and products to organizations and individuals;
Trade and procurement activities;
Production of products for industrial and technical purposes, as well as consumer goods, art objects in accordance with the established procedure, the organization of trade enterprises;
Status of design-shift documentation for individual construction;
Engineering services (engineering and consulting services for the creation of enterprises and facilities);
Funding, organization and assistance in the implementation of research work;
Representing partners among foreign firms for organizing joint ventures both on the territory of the Russian Federation and on the territories of other states;
Introduction of advanced achievements of science and technology into production;
Promotion of the economic use of natural resources in the process of their extraction, transportation, processing;
Assistance in the development of scientific nature management and ecology;
Development and implementation of new technologies in production;
Construction activities, including road construction;
Repair and maintenance of vehicles, provision of transport services;
Contracting, restoration, commissioning and decoration works, reconstruction of various objects and complexes;
Provision of various kinds of services to citizens and organizations;
Consulting on financial, trade, legal issues of citizens and organizations;
Feasibility study of projects and works;
Methodological support of economic calculations;
Other activities not prohibited by applicable law.
Stroy-department-service LLC has a legal department dealing with the legal issues of the Company: accompanies contracts of sale and purchase of real estate under construction and constructed, provides representation in an arbitration court, etc.
2. Organization of work of the legal department of LLC "Stroy-department-service"
The legal department is a structural subdivision of Stroy-department-service LLC. The legal department carries out the following functions: - provides full legal and legislative support construction activities LLC "Stroy-department-service"; - advises the management and accounting service on legal issues; - carries out representation in courts.
The head of the legal department is appointed and dismissed in accordance with the procedure established by the current labor legislation by order of the director of the enterprise.
A person who has a higher professional (legal) education and work experience in the specialty is appointed to the position of the Head of the Legal Department.
The head of the legal department should know:
Legislative acts regulating the production, economic and financial activities of the enterprise; methodological and normative materials on legal activity; civil, labor, financial, administrative law; tax law; environmental legislation; the procedure for keeping records and drawing up reports on the economic and financial activities of the enterprise; the procedure for the conclusion and execution of business contracts, collective agreements, tariff agreements; the procedure for systematization, accounting and maintenance of legal documentation using modern information technologies; fundamentals of economics, labor organization, production and management; computer facilities, communications and communications; rules and regulations of labor protection.
Note. Functional responsibilities The head of the legal department is determined on the basis and in the scope of the qualification characteristics for the position of the head of the legal department and can be supplemented, clarified when preparing the job description, based on specific circumstances.
Head of the legal department:
Ensures compliance with the rule of law in the activities of the enterprise and the protection of its legal interests.
Carries out legal expertise of draft orders, instructions, regulations, standards and other legal acts prepared at the enterprise, endorses them, and also participates, if necessary, in the preparation of these documents.
Takes measures to amend or repeal legal acts issued in violation of the current legislation.
- Organizes the preparation of opinions on legal issues arising in the activities of the enterprise, as well as draft regulations submitted to the enterprise for recall.
Provides methodological guidance for legal work at the enterprise, clarification of the current legislation and the procedure for its application, provision of legal assistance to structural units in claim work, preparation and transfer of the necessary materials to judicial and arbitration authorities.
Represents the interests of the enterprise in court, arbitration court, as well as in state and public organizations when considering legal issues, carries out the conduct of court and arbitration cases.
Participates in the preparation and conclusion of collective agreements, sectoral tariff agreements, the development and implementation of measures to strengthen labor discipline, the regulation of social and labor relations at the enterprise.
Leads the work on the analysis and generalization of the results of the consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, develops proposals for improving control over compliance with contractual discipline for the supply of products, eliminating identified deficiencies and improving the production and economic and financial activities of the enterprise.
Supervises the preparation of materials on embezzlement, waste, shortages, production of substandard, non-standard and incomplete products, violation of environmental legislation and other offenses for transferring them to investigative and judicial authorities, takes measures to compensate for damage caused to the enterprise.
Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensuring the safety of the company's property.
Prepares opinions on proposals for bringing the employees of the enterprise to disciplinary and material liability. Participates in the review of materials on the status of accounts receivable in order to identify debts requiring enforced collection, ensures the preparation of opinions on proposals to write off bad debts.
Carries out control over the observance at the enterprise of the procedure for certification of products established by law, acceptance of goods and products in terms of quantity and quality.
The main tasks of the department:
- Providing legal protection for the company and its clients;
- Resolution of emerging problematic issues;
- Examination of documents;
- Debt collection from unscrupulous clients;
- Development of legal documents of all forms;
- Legal support when interacting with organizations, state and municipal authorities;
- Analysis of innovations in regulatory legal acts and implementation of the necessary changes;
Legal department functions
The department performs the following functions:
- Legal service
- Development and legal examination of contracts, including international ones;
- Registration of real estate transactions;
- Functions in the field of labor law;
- Conducting cases in courts of general jurisdiction, arbitration and arbitration courts;
- Representation in the bodies of criminal jurisdiction;
- Service of claimants
Resolving problems that hinder the timely fulfillment of obligations by the company's counterparties.
One of the goals of the collection service is to maintain relationships with the company's counterparties after the collection of overdue receivables.
3. Description of practical activities in LLC "Stroy-department-service"
While working in the legal department of LLC "Stroy-department-service" during my practical training, I did the following work:
I. I got acquainted with the constituent documents of LLC "Stroy-department-service".
II. Developed together with the organization's legal adviser Stepanova A.A. work contracts with legal entities and individuals. (Annex 1).
To develop the contract, it was first required to draw up an estimate, which is included in the work contract and is recorded in a specific amount of work performed.
The contract must indicate:
- Subject of the contract;
- Types and cost of work under the contract;
- The procedure and form of payments;
- Rights and obligations of the parties;
- Additional conditions;
- The term of this agreement;
- Legal addresses and details of the parties.
III. Prepared and systematized documents for the civil procedure.
In the course of this work, she studied the concept and classification of evidence and means of proof in civil proceedings.
So, the evidence is used in court to establish the factual circumstances of the case. The court is called upon to protect the rights of citizens, organizations, institutions and other subjects. But before exercising the protection of the right, it is necessary to establish whether the plaintiff owns the right that he ascribes to himself, whether this right has been violated by the defendant.
The Civil Procedure Code in Art. 55 discloses the concept of evidence as "Evidence in the case is information about the facts obtained in the manner prescribed by law, on the basis of which the court establishes the presence or absence of circumstances justifying the claims and objections of the parties, as well as other circumstances that are important for the correct consideration and resolution of the case."
Often, when the evidence contains information not about legal facts to be established in the case, but about some other facts that are in a certain connection with legal ones, which helps in identifying or lacking the required facts.
Evidence-based facts are facts that are not legal facts in the case, but give grounds for a conclusion about them. A typical evidentiary fact in some civil cases is, for example, an alibi.
In Art. 50 of the Constitution stipulates that the use of evidence obtained in violation of the law is not allowed in the administration of justice.
This norm finds its content in the Civil Procedure Code. Evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision (Article 55, part 2 of the Code of Civil Procedure of the Russian Federation.)
One means of obtaining evidence is a letter rogatory. Letter of order is used in cases where the evidence necessary for the case is located in another area. The court considering the case instructs the relevant court to carry out certain procedural actions (Article 62 of the Code of Civil Procedure of the Russian Federation). Procedural actions will be carried out in the form of interrogation of witnesses, examination of written or material evidence.
Code of Civil Procedure of the Russian Federation clarifies the content of the ruling on the letter of order. The court ruling on the letter of order summarizes the content of the case under consideration, and indicates information about the parties, their place of residence or their location; circumstances to be clarified; evidence to be collected by the court executing the order.
The GKRF provides much more time for the execution of the letter of order for a period of a month. During the execution of the letter of order, the court has the right to suspend the proceedings on the case.
The order of execution of the letter of order is carried out in the court session of the relevant court in compliance with all procedural rules. The persons participating in the case are notified of the time and place of the meeting, but their failure to appear is not an obstacle to the execution of the order. For this, they are handed subpoenas. The minutes and all evidence collected during the execution of the commission are immediately sent to the court considering the case.
In cases where a person fears that the presentation of the necessary evidence will subsequently become impossible or difficult, the person may ask for the provision of evidence. Provision of evidence is a method of recording information, used in case of reason to fear that the presentation of the necessary evidence will subsequently be impossible or difficult.
The request is made in a written application. An application for securing evidence is submitted to the court in which the case is being considered or in the area of operation of which procedural actions must be taken to secure evidence. The provision of evidence is up to the judge. The protocols and all materials collected in order to provide evidence are transferred to the court considering the case. An ancillary complaint may be filed against the judge's ruling on the refusal to provide evidence.
The provision of evidence is also within the competence of notary bodies. At the request of the interested parties, the notary shall provide the evidence necessary in the event of a case arising in a court or administrative body, if there are reasons to believe that the presentation of evidence will subsequently become impossible or difficult.
The notary does not provide evidence in the case, which at the time of the interested parties' appeal to the notary is in the proceedings of the court or administrative body. All necessary actions are performed in accordance with the Code of Civil Procedure of the Russian Federation. The notary shall notify the parties and interested parties about the time and place of providing evidence, however, their failure to appear is not an obstacle to the performance of actions to provide evidence. Provision of evidence without notifying one of the parties and interested persons is carried out only in urgent cases, or when it is impossible to determine who will subsequently participate in the case.
Thus, the legislator gives a broader opportunity to the court in the course of court proceedings to resort to methods of obtaining evidence not only by the parties, but also by the court itself, in case of impossibility or remoteness of finding evidence.
Evidence is classified according to various characteristics or grounds. The division of evidence indicates the amount of means and methods of evidence available to the court, reveals the features certain types evidence, which is important to take into account in the process of collecting, research and evaluation, helps to avoid mistakes in court proceedings.
The first group of classification of evidence is their division according to the method of formation into primary and derivative.
Primary - Evidence obtained from the primary source is called. Derivatives, in turn, are called proofs that reproduce the content of another proof. They are obtained "second-hand".
The initial evidence will be the testimony of a witness who learned about the fact from another person, will be derivative. Original document (for example, driver's license) - initial proof; and a copy from it is a derivative. The footprints left on the ground are original, the casts from the footprints are derivative.
Initial evidence has an undeniable advantage over derivatives. Derivative evidence arises on the basis of the initial one, it can also be reliable, but the court should approach its assessment with caution. When analyzing primary and derivative evidence, the focus of the legal literature is on derivative evidence, i.e. it is they who conceal the possibility of making mistakes in the process of their formation.
By the nature of the conclusion, forensic evidence is divided into direct and indirect. Direct is a proof that, even when taken separately, makes it possible to draw only one definite conclusion about the required fact.
Indirect evidence, taken separately, provides a basis not for a definite, but for several hypothetical conclusions, several versions regarding the sought fact. Therefore, indirect evidence alone is not enough to draw a conclusion about the sought fact. Indirect evidence, taken not separately, but in connection with the rest of the evidence in the case, then, when comparing them, you can discard unfounded versions and come to one definite conclusion.
Direct evidence is not always more important than circumstantial evidence. In judicial practice, circumstantial evidence is widely used in civil cases in cases where there is no direct evidence in the case or it is insufficient. However, the use of circumstantial evidence is more difficult than direct evidence. The task of the court in direct evidence is to establish and verify the validity of such evidence. Having checked and established their reliability, the use of direct evidence does not present obstacles, since the sought fact is directly confirmed or refuted.
There is another type of classification of evidence, this is their division by source. The source is understood as a certain object or subject, on which or in the consciousness of which various facts that are important for the case are reflected.
According to the source, evidence is divided into personal and material. Personal evidence includes explanations of the parties and third parties, testimony of witnesses, expert opinions. Material evidence may include objects of the material world.
IV. She was engaged in the study of archival materials of LLC "Stroy-department-service" in civil cases. (Appendix 3)
As a result of a road traffic accident that occurred on July 25, 2001 at the intersection of Moskovskaya and Michurinskaya streets in the city of Tambov, OOO Stroy-otdet-service incurred property damage in the amount of 116,061.96 rubles. Property damage was expressed in the costs incurred to repair the Volkswagen Golf, which was damaged in a road traffic accident, belonging to the company. The amount of property damage is confirmed by the act of acceptance of the work performed to repair the car, invoices No. 3, 18, invoices No. 3, 18. The traffic accident occurred through the fault of Yuri Alexandrovich Kochetkov and Alexey Evgenievich Skorobogatov, which is confirmed by a certificate from the Tambov Department of Internal Affairs dated 31.05.2002.
Property damage caused by LLC "Stroy-department-service" as a result of a road traffic accident was compensated by Open Insurance joint stock company Ingosstrakh under insurance policy No. АI055374-8 in the amount of 104,349.96 rubles. The amount of actual property damage was not fully reimbursed due to the presence in Policy No. АI055374-8 of a franchise condition in the amount of USD 400. Thus, property damage in the amount of 11,712 rubles remained uncompensated.
In accordance with article 1064 of the Civil Code of the Russian Federation, damage is subject to compensation in full. The obligation to compensate property damage, in part exceeding the amount of insurance compensation received by Stroy-Department-Service Limited Liability Company, lies with the person guilty of causing harm (Appendix 4).
Conclusion
During my internship at Stroy-department-service LLC, I got acquainted with the work of the legal department of the organization and worked as an assistant to the legal adviser for the entire period of practice.
During my internship, I learned:
To draw up construction contracts with legal entities and individuals; (appendix 1,2)
Systematize and prepare documents for participation in the civil process;
Attach evidence to the case on the basis of their relevance, reliability, admissibility;
Participate in civil proceedings.
Employees of the legal department carry out their work on the basis of the principles of high professionalism, friendly attitude towards partners, efficiency, a positive desire to find a way out of difficult situations by using non-standard solutions.
The Legal Department is committed to system analysis situations to identify organizational obstacles to the legal protection of the company and its clients and initiate the necessary changes.
The internship among highly qualified lawyers gave me the opportunity to improve my level of theoretical knowledge in the field of civil law and procedure and directly participate in civil proceedings on the part of a legal entity.
